California, United States of America
The following excerpt is from People v. Novela, F073275 (Cal. App. 2019):
" '[E]ven if a trial court's ruling on a motion to sever is correct at the time it was made, a reviewing court still must determine whether, in the end, the joinder of counts . . . for trial resulted in gross unfairness depriving the defendant of due process of law. [Citations.]' " (People v. Soper, supra, 45 Cal.4th at p. 783.) We find no violation of defendant's right to due process and a fair trial. Much of the gang evidence, including the writings found in defendant's jail cells, would have been admitted even if all five cases had been tried separately. It is highly likely the evidence concerning the uncharged offenses that occurred on February 26, 2012, and May 17, 2013, would have been admitted had the attempted murder (and possibly the murder) case been tried separately.
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